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SCHWINDT v. DYNAMIC AIR, INC.

No. S-91-259.

501 N.W.2d 297 (1993)

243 Neb. 600

Helen SCHWINDT, Personal Representative of the Estate of Albert H. Schwindt, Deceased, Appellant, Royal Insurance Company of America and Western Sugar Company, Appellees, v. DYNAMIC AIR, INC., a Corporation, et al., Appellees.

Supreme Court of Nebraska.

June 11, 1993.

Attorney(s) appearing for the Case

Robert P. Chaloupka and Rhonda R. Flower, of Van Steenberg, Chaloupka, Mullin, Holyoke, Pahlke, Smith, Snyder & Hofmeister, P.C., Scottsbluff, for appellant.

Reed A. Grandgenett, of Gaines, Mullen, Pansing & Hogan, Omaha, for Tate and Lyle appellees.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN and FAHRNBRUCH, JJ.

FAHRNBRUCH, Justice.

In this appeal, we hold that the trial court erred in granting a summary judgment declaring that none of the defendant-appellees served in this litigation are responsible for the death of Albert H. Schwindt, an employee of Western Sugar Company.

In her district court petition, Helen Schwindt, as personal representative of the estate of Albert Schwindt, claimed that the decedent died as a result of a work-related accident while he was employed...

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